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Transgender Legal Advisor

Legal Name Changes

By Carolyn Woodward



Got a legal question? Having some problems with the law? TG Attorney Carolyn Woodward will try and answer your questions. Contact her via Email at CarolynWWD@aol.com or message publisher Cindy Martin and we'll make sure she gets your question.


"What's in a name? that which we call a rose by any other name would smell as sweet."

Juliet may have been correct had she actually been talking about roses, but to us, our name is a vital part of our very identity. We are language oriented, and what we call something, including ourselves, becomes a part of the reality of that object. Try referring to roses as onions and you will see what I mean - it doesn't work because the word onion carries its own connotations.

Thus it is with our names. Those of us who are transgendered must give this conscious thought, and come up with a female name, or we feel wrong. Using the male name given to us by our parents will hinder our perception of self as female. So, of course, we select names for ourselves, and of course we use them - at least on a limited basis.

I've discussed names and the legal issues surrounding their uses in this column, and you can read the details in those articles by searching the library . In summary, you can use whatever name you like without the necessity of a legal name change as long as your purpose is not fraudulent or impersonation of an existing person. In many states it is even possible to change a driver's license without a court order, as well as getting the Social Security Administration to link your number and female name while retaining your male name as primary.

These are fine for most of us, but for those who plan to live full time as women, particularly those who are having, or have had, SRS, these are stop-gap measures. For the person who has transitioned the goal is to completely change over - driver's license, Social Security, birth certificate, transcripts, professional licenses - everything. And some of these require court orders.

How are these obtained? It can be surprisingly easy, and I'm going to summarize the procedures. Since I'm in California I will, as I've done before, detail the California procedures. If you are elsewhere, visit your local law library for the forms and procedures, or see your attorney. I think you will find the procedures to be somewhat similar. (Although there are, I understand, still some states which will not permit a gender change.) I will also put some skeleton forms in the TGF Library.

There are procedures for change of name alone, with use of a Secretary of State form (VS23) to amend your birth certificate. You can request a new birth certificate if you already have a name change - say you live elsewhere and got a name change but were born in California. The procedures and forms I'm providing are for a combined procedure - the cheapest and easiest. If you only need the name change or birth certificate change, the changes won't be hard to figure out. To do all three here would be unwieldy.

To get your birth certificate changed as to gender, you must have had SRS. If not, then you need to remove the references to birth certificates and get a name change only. So the following assumes both have been done.

STEP 1. Get your surgeon to sign an affidavit (or declaration under penalty of perjury according to the laws of the State of California), that he or she performed surgery on you which resulted in your genitals being modified to conform to those of a female. Chances are very good that your surgeon can routinely provide this, as it is likely a frequent request. (You obviously don't need this for a name change only.)

STEP 2. Prepare a petition in pleading format entitled Petition For Change of Name and New Birth Certificate . This is a request for the Court to make these particular orders. You use your birth name, and provide any other names you have used regularly. You state you are over 18; where you reside (street address, city and county); place and date of birth and attach a copy of your birth certificate; your proposed name; the reason for the name change and new birth certificate (ie, SRS) and attach your surgeon's affidavit or declaration; the name and address of your parent (or parents) who may still be alive - or your nearest relatives if your parents are both deceased. Then you ask the Court to issue an Order To Show Cause, for a hearing, and that at the hearing an order be granted changing name and ordering a new birth certificate.

Prepare the Order To Show Cause as well. It simply states that a petition has been filed for a new name and birth certificate; that anyone who wants to object needs to be at Court on a certain date and time; and, that the Order To Show Cause be published once a week for four weeks.

STEP 3. Take your Petition and Order To Show Cause (original and 2 or 3) to the court clerk. The Petition will be filed-marked, and it and the Order To Show Cause (OSC) will be sent to a judge. The judge must sign the OSC. The clerk will tell you when to come back and pick up the signed OSC. It will have a hearing date on it, assigned by the court.

STEP 4. Take the OSC to a newspaper of general circulation in the county where you live for publication. Now here you may be able to save some money. For example, if you live in San Jose, you may be stuck with the San Jose Mercury News. But if you live in a smaller town in the same county, you may find that a local newspaper - with lower advertising rates - is qualified as a newspaper of general circulation. Ask the court clerk. Once you find your paper you have it published once a week for four weeks. The hearing date will be set far enough ahead (not to exceed eight weeks) for you to do this - don't dawdle. If you don't publish in time you will have to get a re-issued OSC and a new date, and re-publish. More $$$$.

STEP 5. After the publication is complete the paper will provide you with proof of publication. Take this to the court clerk.

STEP 6. Prepare an order GRANTING your Petition. It should state whether or not there were objections and, if there were, state the date, time, department of the hearing, and the name of the judge. The order should state that notice was given pursuant to the OSC dated _______; and that the allegations are sufficient and true, and that either no objections were made, or were without merit; and that the petitioner is granted and the name is changed from old to new, and that a new birth certificate shall issue showing the new name and gender.

If there were no objections filed in advance, take the no objection order with you to court (with a few copies) or submit it in advance - whichever your local court prefers (ask the clerk).

STEP FINAL. Get the clerk to certify a few copies and send one to the Secretary of State and the State Registrar of Vital Statistics within 30 days. The one to the Registrar should be sent along with the prescribed fee (currently $11.00 - but check Health & Safety Code section 103725 to be sure it hasn't changed). You will be sent a new birth certificate showing your new name and gender. Unlike with a name change alone, this is not an amended certificate. Your original is SEALED, and this new one is the only birth certificate available to the public.

Good luck, and remember that if you get stuck, consult an attorney in your state for assistance.



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